Ramirez

State Farm Mutual Automobile Insurance Company (State Farm) appeals from an order granting a motion by St. Paul Fire and Marine Insurance Company (St. Paul) to tax costs incurred by State Farm as the successful appellant in a prior appeal (Ramirez v. State Farm (Cal.App.)), and from a subsequent judgment directing in part that State Farm should recover its costs entirely from one of the respondents in that appeal, Ricardo Ramirez, and not from St. Paul, the other respondent. State Farm contends the trial court lacked" authority under the circumstances to apportion costs, and its apportionment was unjustified in any event. We agree with the first contention and reverse.

Background

Ricardo Ramirez was injured in 1985 when the vehicle in which he was a passenger was struck by a van driven by the employee of a business owned by George Shore. Shore had rented the van a few days earlier from a company insured by St. Paul under a policy extending coverage in certain circumstances to renters. In addition, Shore and his wife were insured under three separate policies issued by State Farm for their personal automobiles.

The following year, Ramirez sued Shore and others for his…